The Department of Homeland Security’s new rule and the Florida government’s stance both indicate that conditions may become more stringent in the future for foreign workers in the US, especially Indian work visa holders.
In a major setback for millions of foreign professionals working in the US, especially Indian workers, the US Department of Homeland Security (DHS) has ended the automatic work permit extension for foreign nationals. According to a Hindustan Times report, the new system will take effect on Thursday, October 30. Once the new rule is implemented, if a work permit expires and a renewal is not approved, the employee’s work authorization will expire after just one day.
What is the new rule?
Under a new interim final rule issued by the Department of Homeland Security, if a foreign worker’s work permit renewal application is not approved in time, they will be forced to stop working immediately after their old permit expires. Previously, foreign workers could continue working for up to 540 days (approximately 18 months) after their work permit expired if their renewal application was pending.
Department of Homeland Security’s clarification
According to the Department of Homeland Security, an Employment Authorization Document (EAD) proves that a person is authorized to work in the United States for a certain period. However, continuing to work without a renewed permit will now be illegal. According to data from the U.S. Citizenship and Immigration Services (USCIS), the work permit extension process can take anywhere from three to 12 months. Therefore, the Department of Homeland Security recommends that foreign workers submit their renewal applications at least 180 days before their work permit expires.
The biggest impact on Indian employees
Indian professionals constitute a significant portion of the foreign workforce in the United States, most of whom are H-1B visa holders. These include those who have been waiting years for a green card, as well as their spouses (H-4 visa holders) who depend on their work permits. Additionally, students pursuing OPT (Optional Practical Training) in STEM fields will be affected by this change.
Florida Governor’s tough action
Florida Governor Ron DeSantis on Wednesday directed his state’s universities to hire American citizens instead of foreign work visa holders, in an effort to curb abuse of H-1B visas. He said universities across the country are bringing in foreign workers on H-1B visas, even though qualified American citizens are available for the positions. “We will not tolerate such abuse in Florida,” DeSantis said. He further stated that if a university is not attracting American citizens, it should review its academic programs to produce graduates who are qualified for these positions.
